Guam § 48104 - Types of Toilet and Sewage Facilities.

§ 48104. Types of Toilet and Sewage Facilities.

(a) The following types of toilet facilities are permitted under the terms and conditions as hereinafter

provided:

Type 1: Toilets flushed with water and connected to a public sewer.

Type 2: Toilets flushed with water and connected to a private sewage disposal system, not

including cesspools.

Type 3: Privy type, including pit privy, trench latrine and bored-hole latrine.

Type 4: Toilets flushed with water and connected to an advanced nitrogen-reducing residential

onsite disposal system.

(b) When a public sewer is available, all buildings used for human occupancy, employment or

recreation and situated upon land abutting any road, street, or other way or easement in which a public

sewer is located, must have suitable toilet facilities installed and connected to the public sewer, in

accordance with the following schedule:

(1) Every such building constructed after the effective date of this Act or after a public sewer

becomes available, whichever is later, must include such installation and connection in the

construction.

(2) Any such building existing at the time a public sewer first become available and being served

only by Type 3 facilities must be provided such installation and connection within six (6) months after

the public sewer become available.

(3) Any such building existing at the time a public sewer first becomes available and being served

by Type 2 or Type 4 toilet facilities which are entirely adequate and without defect may continue to

be served by such existing facilities for a maximum period of two (2) years’ time upon the following

conditions:

(A) No additions of or to such buildings that generate additional sewage loading will be

permitted.

(B) Whenever any such toilet facility become defective or inadequate, connection to the

public sewer must be made within thirty (30) days after notice given by the Administrator, who

may, however, upon application, extend the time to not more than six (6) months if he/she finds

that the defect or inadequacy is not hazardous to health.

(C) Whenever a public sewer becomes available, the Administrator, as soon as possible,

shall make or cause to be made an inspection of all Type 2 or Type 4 facilities on lands abutting

the road, street, or other way or easement in which such sewer is located and shall promptly notify

the persons concerned of his determination of which such facilities may continue to be used as

above provided.

COL 2024-12-05

(D) In situations within the Groundwater Protection Zone where the density of Type 2 and

Type 4 facilities exceeds four (4) septic tank and soil absorption systems per acre and public

sewer is available, in order to protect the groundwater, the Administrator, upon documenting the

feasibility of connecting the toilet facilities to the sewer line, has discretion in requiring building

owners to connect to the public sewer within six (6) months of being served proper notice.

(4) The Administrator may inspect or cause to be inspected any toilet facility at any time and shall

make or have made suitable inspections with such frequency as may be necessary to assure compliance

with this Chapter.

(c) Where water is available from a public water system as defined by 10 GCA, Chapter 53, § 53102,

but a public sewer is not available, toilet facilities shall be of Type 2 or 4 pursuant to regulations

promulgated by GEPA. With respect to buildings in existence on the effective date of this Act, this

Subsection, shall apply to all such buildings, except dwellings, from and after six (6) months after the

promulgation of rules and regulations by GEPA, or after water becomes available, whichever is sooner.

This Subsection shall apply to dwellings from and after one (1) year after the promulgation of rules and

regulations by GEPA, or after water becomes available, whichever is sooner. This Subsection shall not

apply to any such existing building where the size of the lot or the soil permeability of the lot, as may be

determined by the Administrator, is inadequate and unsuitable for the installation and operation of toilet

facilities of Type 2 or Type 4.

(d) In all other cases, toilet facilities shall be of Type 2 or Type 4 pursuant to regulations promulgated

by GEPA. In no case shall the construction of new cesspools be allowed.

(e) Only for land covered by 21 GCA, Chapter 62, § 62104(a) (land which is an asset of the estate of

decedent) that is located within the Groundwater Protection Zone (GPZ) as established under 10 GCA,

Chapter 47, § 47108.1:

(1) the minimum lot size on which a Type 2 facility serving a single dwelling unit shall be

nineteen thousand two hundred (19,200) square feet;

(2) the minimum lot size on which a Type 4 nitrate reducing system facility serving a single

dwelling unit shall be nine thousand six hundred (9,600) square feet.